New Jersey
A friend got a ticket for improper passing 39:4-85. Apparently, my friend was sitting behind an SUV that stopped at a stop sign. At the intersection, the street was wide enough for two cars. The SUV appeared to be making a left or proceeding straight since it was in the middle of the road (two-way non-double yellow street) without the turning lamps on. My friend came upon the right side of the SUV and wanted to turn right. He wasn't trying to pass the SUV. He just wanted to make the right turn because the SUV was just sitting at the intersection and not doing anything. My friend's car never went passed the doors of the SUV. He couldn't. The SUV was so far into the intersection that it was blocking his view of oncoming traffic from the left side. Then, all of a sudden, the SUV started to turn right and sideswiped my friend. My friend didn't think the SUV was going to hit him because they were fairly close to each other. The cops came and filled out an accident report. My friend also didn't think that the cops were gonna issue a ticket for Improper Passing - 39:4-85 because the cop didn't say anything about it. Apparently, if your front bumper crosses the rear bumper, that's passing. But there's no such explanation of "passing" in the NJ motor vehicle law 39:1-1. My friend said he never crossed beyond the front doors of the vehicle. The accident erronesouly reported that my friend was trying to pass when in fact he was only trying to turn right.
I guess my question is: What is considered passing another vehicle? More specifically, at what point is it considered passing? If the statutes don't define passing, how do we use that as a defense in court. Hopefully, the judge will let me speak as well. My friend has never been in court so might be nervous and forget to mention things.
(The cop told my friend that he won't appear; the accident report should suffice. I thought cops have to appear in traffic court?)
THANKS!!!
Here is the violation my friend supposedly broke:
39:4-85 Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
A friend got a ticket for improper passing 39:4-85. Apparently, my friend was sitting behind an SUV that stopped at a stop sign. At the intersection, the street was wide enough for two cars. The SUV appeared to be making a left or proceeding straight since it was in the middle of the road (two-way non-double yellow street) without the turning lamps on. My friend came upon the right side of the SUV and wanted to turn right. He wasn't trying to pass the SUV. He just wanted to make the right turn because the SUV was just sitting at the intersection and not doing anything. My friend's car never went passed the doors of the SUV. He couldn't. The SUV was so far into the intersection that it was blocking his view of oncoming traffic from the left side. Then, all of a sudden, the SUV started to turn right and sideswiped my friend. My friend didn't think the SUV was going to hit him because they were fairly close to each other. The cops came and filled out an accident report. My friend also didn't think that the cops were gonna issue a ticket for Improper Passing - 39:4-85 because the cop didn't say anything about it. Apparently, if your front bumper crosses the rear bumper, that's passing. But there's no such explanation of "passing" in the NJ motor vehicle law 39:1-1. My friend said he never crossed beyond the front doors of the vehicle. The accident erronesouly reported that my friend was trying to pass when in fact he was only trying to turn right.
I guess my question is: What is considered passing another vehicle? More specifically, at what point is it considered passing? If the statutes don't define passing, how do we use that as a defense in court. Hopefully, the judge will let me speak as well. My friend has never been in court so might be nervous and forget to mention things.
(The cop told my friend that he won't appear; the accident report should suffice. I thought cops have to appear in traffic court?)
THANKS!!!
Here is the violation my friend supposedly broke:
39:4-85 Passing to left when overtaking; passing when in lines; signalling to pass; passing upon right
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. If vehicles on the roadway are moving in two or more substantially continuous lines, the provisions of this paragraph and section 39:4-87 of this Title shall not be considered as prohibiting the vehicles in one line overtaking and passing the vehicles in another line either upon the right or left, nor shall those provisions be construed to prohibit drivers overtaking and passing upon the right another vehicle which is making or about to make a left turn.
The driver of an overtaking motor vehicle not within a business or residence district shall give audible warning with his horn or other warning device before passing or attempting to pass a vehicle proceeding in the same direction.
The driver of a vehicle may overtake and pass another vehicle upon the right as provided in this section only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the roadway.
